Kan. Admin. Regs. § 28-4-114 - Applicant; licensee
(a)
Application process.
(1) Any person desiring
to operate a facility shall apply for a license on forms provided by the
department.
(2) Each applicant and
each licensee shall submit the fee specified in
K.A.R.
28-4-92 for a license or for the renewal of a
license. The applicable fee shall be submitted at the time of license
application or renewal and shall not be refundable.
(3) The granting of a license to any
applicant or applicant with a temporary permit may be refused by the secretary
if the applicant or applicant with a temporary permit is not in compliance with
the applicable requirements of the following:
(A)K.S.A. 65-504 through
65-506, and amendments
thereto;
(B)K.S.A. 65-508, and amendments thereto;
(C)K.S.A. 65-512, and amendments thereto;
(D)K.S.A. 65-530 and
65-531, and amendments thereto;
and
(E) all regulations governing
facilities.
(4) Failure
to submit the application forms and fee for renewal of a license shall result
in an assessment of a late fee pursuant to
K.S.A. 65-505, and amendments thereto, and may
result in closure of the facility.
(b) Applicant and licensee requirements. Each
applicant, if an individual, and each licensee, if an individual, shall meet
the following requirements:
(1) Be at least
18 years of age;
(2) not be
involved in child care or a combination of child care and other employment for
more than 18 hours in a 24-hour period; and
(3) not be engaged in either business or
social activities that interfere with the care or supervision of
children.
(c) Multiple
child care facilities.
(1) Each applicant
with a temporary permit and each licensee who operates more than one child care
facility, as defined in
K.S.A. 65-503, and amendments thereto, shall
maintain each child care facility as a separate entity.
(2) A license for an additional child care
facility shall not be granted until all existing child care facilities for
which the licensee has been granted a license are in compliance with licensing
regulations.
(d)
Multiple licenses. No licensee shall be licensed concurrently for or provide
more than one type of child care or child and adult care on the same
premises.
(e) Maximum group size
for family child care homes. Each applicant with a temporary permit and each
licensee shall ensure that the requirements of this subsection are met.
(1) The maximum group size for a family child
care home shall be the following:
TABLE I - MAXIMUM GROUP SIZE, ONE PROVIDER
|
Maximum Number of Children Under 12 Months |
Maximum Number of Children at Least 12 Months but Under 5 Years of Age |
Maximum Number of Children at Least 5 Years but Under 10 Years of Age |
Maximum Group Size |
|
0 |
8 |
2 |
10 |
|
1 |
6 |
3 |
10 |
|
2 |
5 |
2 |
9 |
|
3 |
3 |
2 |
8 |
TABLE II - MAXIMUM GROUP SIZE, ONE PROVIDER
|
Ages of Children Enrolled |
Maximum Group Size |
|
At Least 2.5 Years but Under 10 Years of Age |
10 |
|
At Least 3 Years but Under 10 Years of Age |
11 |
|
At Least 5 Years but Under 10 Years of Age |
12 |
TABLE III - MAXIMUM GROUP SIZE, TWO PROVIDERS*
|
Maximum Number of Children Under 12 Months |
Maximum Number of Children at Least 12 Months but Under 5 Years of Age |
Maximum Number of Children at Least 5 Years but Under 10 Years of Age |
Maximum Group Size* |
|
0 |
10 |
2 |
12 |
|
1 |
9 |
2 |
12 |
|
2 |
8 |
2 |
12 |
|
3 |
7 |
2 |
12 |
|
4 |
5 |
3 |
12 |
|
5 |
4 |
3 |
12 |
*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.
(2) If the ages of children
enrolled are at least 2.5 years but under 10 years of age, the maximum group
size for two providers is 12.
(3)
Children at least 10 years of age but under 16 years of age unrelated to the
provider on the premises for the purpose of receiving child care in the
facility shall be included in the maximum group size if child care for this age
group as a whole exceeds five hours a week.
(f) Developmental levels. Any child who does
not function according to age-appropriate expectations shall be counted in the
age group that reflects the developmental age level of the child.
(g) License capacity not exceeded. Each
applicant with a temporary permit and each licensee shall ensure that the total
number of children on the premises, including children under 10 years of age
related to the applicant with a temporary permit, the licensee, or any other
provider, does not exceed the license capacity, except for additional children
permitted in subsection (i).
(h)
Group size not exceeded. Except as provided by subsection (i), each applicant
with a temporary permit and each licensee shall ensure the following
requirements are met:
(1) The maximum number
of children in each age category, including children under 10 years of age
related to the applicant with a temporary permit, the licensee, or any other
provider, does not exceed the maximum number of children in each age category
as specified in subsection (e), except as specified in paragraph
(h)(3).
(2) The total number of
children on the premises, including children under 10 years of age related to
the applicant with a temporary permit, the licensee, or any other provider,
does not exceed the maximum group size based on the age of the youngest child
present and the number of providers present as specified in subsection
(e).
(3) For each child under five
years of age not in attendance, the maximum number of children ages five and
older may be increased by one. The total number of children in attendance shall
not exceed the maximum group size.
(i) Additional children on the premises. In
addition to the number of children permitted under the terms of the temporary
permit or the license and specified in subsection (e), other children may be
permitted on the premises.
(1) Not more than
two additional children 2.5 years of age or older who attend part-day preschool
or part-day kindergarten may be present at any time between the hours of 11:00
a.m. and 1:00 p.m. for the noon meal on days that school is in
session.
(2) Not more than two
additional children at least five years of age but under 10 years of age may be
present between the hours of 6:00 a.m. and 6:00 p.m. The additional children
may be present as follows:
(A) During the
academic school year before and after school, in-service days, school holidays,
scheduled or emergency closures, and school breaks not to exceed two
consecutive weeks; and
(B) during
the two consecutive weeks before the opening of the academic school year in
August or September and following the end of the academic school year in May or
June.
(3) Not more than
two additional children 10 years of age or older, unrelated to the applicant
with a temporary permit or the licensee, may be present for not more than two
hours a day during child care hours if all of the following conditions are met:
(A) The additional children are not on the
premises for the purpose of receiving child care in the facility.
(B) The additional children are visiting the
applicant's or the licensee's own child or children.
(C) The additional children are supervised by
a provider if they have access to the children in care.
(j) Substitute. Each applicant
with a temporary permit and each licensee shall arrange for a substitute to
care for children in the event of a temporary absence or extended absence of
the primary care provider.
(k)
Posting of temporary permit or license and availability of regulations. Each
applicant with a temporary permit and each licensee shall post any temporary
permit or license conspicuously as required by K.S.A. 65504, and amendments
thereto. A copy of the current regulations governing facilities shall be kept
on the premises and shall be available to all providers at all times.
(l) Closure. Any applicant may withdraw the
application for a license. Any applicant with a temporary permit and any
licensee may submit, at any time, a request to close the facility. If an
application is withdrawn or a facility is closed, any temporary permit or
license granted to the applicant or licensee for that facility shall become
void.
Notes
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